Western Australian Numbered Acts Western Australian Numbered Acts (1) When the EPA has
acted under section 48C(1)(a) of the EP Act in relation to a proposed
master plan or a proposed amendment to a master plan, the Authority must, if
it wishes to proceed with that master plan or amendment, undertake an
environmental review of that master plan or amendment in accordance with the
relevant instructions issued under that section and must not submit that
master plan or amendment to the Commission for consent to public notification
under section 12, or section 17 as read with section 12, as the case requires,
until —
(a) the
Authority has forwarded that review to the EPA; and
(b) the
EPA has advised that that review has been undertaken in accordance with those
instructions, or 30 days have elapsed since that forwarding without the
EPA having advised whether or not that review has been undertaken in
accordance with those instructions, whichever first occurs.
(2) If the EPA has
advised that the review has not been undertaken in accordance with the
relevant instructions issued under section 48C(1)(a) of the EP Act, the
Authority may —
(a)
comply with subsection (1) in respect of the master plan or amendment
concerned; or
(b)
request the Minister to consult the Minister for the Environment and, if
possible, agree with him or her on whether or not that review has been
undertaken in accordance with those instructions.
(3) If the Minister,
having complied with a request under subsection (2), and the
Minister for the Environment —
(a)
agree on whether or not the review has been undertaken in accordance with the
relevant instructions, their decision is to be final and without appeal; or
(b)
cannot so agree, section 48J of the EP Act applies.